Quarter Sessions
| Published date | 01 April 1958 |
| Date | 01 April 1958 |
| DOI | 10.1177/002201835802200202 |
| Subject Matter | Article |
Quarter Sessions
Cruse v. Tidswell
A
RECENT
decision of the West Riding of Yorkshire quarter
sessions appeal committee was recently reported as Cruse
v. Tidswell. An architect who was acting for an owner
put
in
plans of a house to obtain byelaw permission
and
plannip.g
approval.
The
plans were duly approved
and
the local
authority served anotice
under
s. 2
(I)
of
the
New Streets
Act 1951requiring the owner to
payor
secure
the
sum
of
£17°,
the
estimated cost of the street works. But the house for
which plans had been approved was
not
erected
and
subse-
quently
the
architect
put
in new plans for
the
same site
relating to an entirely different house for which approval was
given
but
no new notice
under
s. 2
(I)
of
the
New
Streets
Act 1951 was served.
Some time after,
the
local authority decided to make up
the
street
and
served provisional apportionment notices on
the owner of the site and in fact the street works were almost
completed when the architect served anotice on the authority
to inspect the commencement of building.
Proceedings were
then
instituted against him
under
s. I
(2) of
the
1951 Act for commencing work without paying or
securing
the
sum
of £170.
The
architect contended
that
a
fresh notice should have been served in respect of the fresh
plans;
but
quarter sessions did
not
accept this because
the
Act referred to the frontage rather than the building.
In
view
of
the
facts of
the
case
the
court, however, granted the defendant
an absolute discharge
and
made no order as to costs.
92
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